In international trade in goods, long-distance transportation (including sea, land, air or multimodal transportation) is an indispensable link.perkhidmatan penghantaran However, during transportation, cargo damage occurs from time to time. Even if the cargo owner or the insured has purchased cargo transportation insurance, it does not mean they can be completely relieved. In the event of cargo damage, how to make a recovery claim is a matter of concern. The following is a detailed guide to this issue:

I. Determine the object of recovery

Cargo damage can be divided into two main categories: general cargo damage and cargo damage caused by ship collision. The former can be subdivided into multimodal cargo damage and waterway transportation cargo damage.

1. General cargo damage recovery object

(1) If the waterway transportation of goods, can directly sue the carrier or the actual carrier.

(2) Identify the carrier or the actual carrier. First of all, according to the contract, if the contract is not the nature of the agent, the other party to the contract that is the carrier;logistics news today if there is no contract, according to the transportation ship to determine the carrier.

(3) In the case of cargo damage in multimodal transportation, it is necessary to determine which section is damaged, and then sue the multimodal carrier and the carrier of the damaged section; if it is not possible to determine the damaged section, it is possible to sue all the relevant carriers at the same time.

Cargo damage caused by ship collision recovery object

According to the relevant laws, the right holder may file a breach of contract lawsuit against the vessel, but the vessel may claim to be liable in proportion to the collision liability. Therefore, different situations should be distinguished and different subjects should be selected for litigation.

(1) In the case of unilateral liability collision, if the liability is on the vessel, only the vessel will be sued, and the cause of action will be breach of contract or tort; if the liability is on the other vessel, only the other vessel will be sued, but only according to the tort prosecution.

(2) two or more parties liability collision, at the same time sue the ship and other ships, and require the proportion of liability for compensation,ship cost the cause of action for tort.

determine the status of cargo damage

1. agreement. If there is a written confirmation of both parties, the agreement shall prevail.

2. No consensus. No common written confirmation, the owner of the claim needs to prove that the goods in the port of destination to receive the damage.

3. appraisal conclusion. The cargo owner can appoint an appraisal organization to appraise the damage status of the goods, taking into account the qualification of the appraisal organization and other factors.

4. Pay attention to the relationship between the damage status and the amount of damage to the goods. Depreciation of goods need to submit evidence to prove the owner.

Selection of the court for prosecution

1, general cargo damage, you can choose the contract of carriage, destination, port of transit, the defendant's domicile maritime court. 2, collision cargo damage.

2. collision cargo damage, the court of jurisdiction according to the choice of different causes of action, may include the collision, the defendant's domicile, the port of registry of the maritime court, etc..

3. multimodal transportation, from the defendant's domicile, origin, transshipment, destination of the maritime court, unless only against the non-maritime section of the carrier.

Through the above steps, the cargo owner or the insured can carry out the cargo damage recovery claim in an orderly manner to ensure that their own rights and interests are reasonably safeguarded.